STATE Vs. GHANI BANDAR

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, Anantna, recommending that an order passed by the trial Magistrate dated 257-1958 acceding to the prayer of the accused for a de novo trial may be set aside.

(2.) THE reference arises in the following circumstances:

(3.) THE non-applicants Ghani Bandar and others were being prosecuted for an offence uncles Sections 147, 447 R. P. C. before the Munsiff Magistrate, Anantnag who after examining some witnesses was transferred to some other place and was succeeded by the present trial Magistrate. When the case was taken by the succeeding Magistrate the accused prayed that the Magistrate should resummon the witnesses. The Magistrate being under the impression that the accused had a right to claim a de novo trial under the provisions of Section 350, Clause (1), Proviso (a) of the Code of Criminal Procedure acceded to the prayer of the accused, and directed the witnesses to be recommended. This order of the Magistrate is the subject-matter of the present reference. I might also mention that it is not disputed that the case before the Magistral was a warrant case and that before the order impugned was passed charge had not been framed under the provisions of Section 254 of the Code of Criminal Procedure